
People are probably more interested in electricity and price issue than constitutional amendments. But let’s face it- politicians are taking about it, and so are we. Just to help an informed discussion, here are some facts in chronological order related to constitutional amendments in Bangladesh. It only lists events that are related to the current debate, not all amendments… and I am adding new info as I find them:
1972
The Constitution of Bangladesh was introduced. Article 7(2) of the constitution was set to establish the “Supremacy of the Constitution” as it reads-
7. (2) This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution and other law shall, to the extent of the inconsistency, be void.
While setting the procedures for constitutional amendments, the Constitution established supremacy of the act of parliament in this regard. The Article 142 of the 1972 Constitution noted-
142. Notwithstanding anything contained in this Constitution- (a) any provision thereof may be amended or repealed by Act of Parliament.
1973
The first Parliamentary Election was held on 07 March 1973. Sheikh Mujibur Rahman’s Awami League secured 276 of the 300-seat parliament (73.7% of total vote cast)…more than the required 2/3rd majority to amend the constitution.
The Constitution (First Amendment) Act 1973 was passed to add article 47(3) for the detention and trial of war criminals reducing their fundamental rights.
1975
Using the overwhelming majority in the parliament, Awami League passed the Constitution (Fourth Amendment) Act, 1975. Among other things, it introduced presidential form of government replacing the parliamentary system and imposed a one-party system in place of the existing multi-party political system.
On 15 August, Sheikh Mujibur Rahman was killed along with his most family members. The military proclaimed martial law in the country and suspended the Constitution with effect from August 15, 1975. Khondaker Mostaq Ahmad, x-minister of the assassinated leader’s cabinet, proclaimed himself the President.
The First Schedule of the Constitution was amended by the Second Proclamation Order no III of 1975.
1976
Under a proclamation issued on November 29, 1976, Justice Abusadat Sayem (who assumed the office from Mr Ahmad) handed over the Office of Martial Law Administrator to Major General Ziaur Rahman.
Proclamation Order no IV of 1976 was announced to replace the article 44 (on fundamental rights) of the Constitution.
1977
The new Chief Martial Law Administrator, Ziaur Rahman, announced a series of Martial Law Regulation to amend the Constitution of the country.
Proclamations Order No. 1 of 1977 amended, among others, Article 6 (the citizenship clause); Chapter I of Part VI (the Supreme Court); Article 44 of the Constitution. Read more of this post